Terms of use

Welcome to MyWebGrocer. This website, any other website hosted by MyWebGrocer and any application, product or service made available by MyWebGrocer and/or its affiliates, including its Retailer and Consumer Packaged Goods clients (collectively, the “Services”) are made available to you pursuant to these Terms of Use (“Terms of Use”). By accessing, browsing and/or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use. If you do not agree with any provision of these Terms of Use, you are not authorized to access or use the Services for any purpose.

When you use the Services you may also be subject to the terms applicable to the particular Service (“Service Terms”). To the extent these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Services, to understand MyWebGrocer’s practices with respect to the collection and use of your personal information.

MyWebGrocer grants you a limited license to access and make personal use of the Services. This license does not include any resale or commercial use of the Services or the content made available through the Services; any derivative use of the Services or the content made available through the Services; any downloading or copying of content or account information for the benefit of a third party; or any use of data mining, scraping, spiders, robots or similar data gathering or extraction tools. You may not use any meta tags or any other “hidden text” utilizing MyWebGrocer’s name or trademarks without the express written consent of MyWebGrocer. Except as explicitly permitted by these Terms of Use or Service Terms, no content made available through the Services may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Services. You shall not use the Services in any manner that could damage, disable, overburden or impair the Services.

DISCLAIMER

ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INGREDIENT, NUTRITIONAL OR PROPER USAGE INFORMATION THAN THE INFORMATION DISPLAYED WITHIN OUR SERVICES. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN OUR SERVICES AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING OR CONSUMING A PRODUCT. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A PRODUCT, YOU SHOULD CONTACT THE MANUFACTURER DIRECTLY. CONTENT MADE AVAILABLE THROUGH OUR SERVICES IS FOR GENERAL REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST OR OTHER LICENSED HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION PRESENTED ON OUR SERVICES FOR SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM. MYWEBGROCER ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT.

THIRD PARTY SITES

The Services may contain links to other web sites that are not owned, controlled or operated by MyWebGrocer. Please be aware that these Terms of Use do not apply to such third party web sites. MyWebGrocer does not control and does not assume any responsibility or liability for the operation or content of third party web sites. You are encouraged to review the terms of use for any web site you choose to access and confirm that they are acceptable to you prior to your use.

ELECTRONIC COMMUNICATIONS

When you visit MyWebGrocer or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

If you post content or submit material within the Services, and unless we indicate otherwise, you grant MyWebGrocer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MyWebGrocer and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam;” and will not cause injury to any person or entity; and that you will indemnify MyWebGrocer for all claims resulting from content you supply. MyWebGrocer has the right but not the obligation to monitor and edit or remove any activity or content. MyWebGrocer takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT

All content included within the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and code, is the property of MyWebGrocer or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MyWebGrocer and protected by U.S. and international copyright laws. All software used to provide the Services is the property of MyWebGrocer or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

MyWebGrocer’s trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by MyWebGrocer in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyWebGrocer. All other trademarks not owned by MyWebGrocer that appear within the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyWebGrocer.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. MYWEBGROCER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OR THE CONTENT MADE AVAILABLE VIA THE SERVICES. MYWEBGROCER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE SERVICES. MYWEBGROCER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SERVICES. MYWEBGROCER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. MYWEBGROCER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE VIA THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MYWEBGROCER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF MYWEBGROCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

MODIFICATION

MyWebGrocer reserves the right to modify the Terms of Use at any time without giving you notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless MyWebGrocer, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services and/or the content made available through the Services, or any violation by you of the Terms of Use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyWebGrocer the written information specified below. Please note that this procedure is exclusively for notifying MyWebGrocer that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

Your address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GOVERNING LAW

The Terms of Use are governed by the laws of the State of Vermont, without regard to its conflict of law principles. By accessing or using the Services, you agree to submit to the jurisdiction and venue in the Federal and State courts situated in Chittenden County, State of Vermont with respect to any dispute related to or involving the Services.

CONTACT US

If you have any questions or concerns, please feel free to contact us at: MyWebGrocer, Inc., 20 Winooski Falls Way, Winooski, VT 05404 or http://www.MyWebGrocer.com/.